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Shogun Finance Ltd v Hudson
''Shogun Finance Ltd v Hudson'' () (UKHL 62 ) is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity.〔Elliot 2004〕〔Foster 2004〕〔MacMillan 2004, p. 373〕
==Facts==
A rogue went to a dealer to buy a Mitsubishi Shogun on hire purchase. The rogue told them that his name was Mr Patel and produced Mr Patel’s driving licence. The dealer communicated with Shogun Finance, which did a credit check on Mr Patel. Finding no problems, Shogun Finance authorized the hire purchase agreement and the rogue drove away.
The rogue then sold the car to Mr Norman Hudson. Under s.27 Hire Purchase Act 1964 a non-trade buyer of a car who buys in good faith from a hirer under a hire purchase agreement becomes the owner, so Mr Hudson would have been the owner if the hire purchase agreement were valid. Shogun Finance argued that it was not, on the basis that there was a mistake as to identity. The rogue could not be found; they therefore claimed against Mr Hudson for conversion.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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